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The entire European Union applies the same customs rules. Customs legislation is fully harmonised and provides for a stable and comprehensive legal system, which aims to ensure the proper and uniform application of the Union’s autonomous and international rules. It also sets out the obligations and rights of customs administrations and economic operators in a common and transparent way. Their enforcement, however, remains within the exclusive competence of its Member States. Despite differences in law enforcement structures, all EU Member States have the same responsibility to enforce EU legislation. This means that the Member States can choose the penalties that…

I. Introduction: The EU framework on victims’ rights Unlike other initiatives seeking to consolidate the area of “freedom, security and justice,” it would be justified to consider the EU action on victims’ rights as a clear success story. Improving the rights, support, protection, and participation of victims in criminal proceedings, alongside capturing and punishing the offenders, has been a focus of Union policy during the past few years, especially since the need for action in this field had been identified as a strategic priority by the Commission in the Action Plan implementing the Stockholm Programme of the European Council.1 The…

The entry into force of the Lisbon Treaty on 1 December 2009 resulted in a number of important changes for the democratic accountability of European criminal law. Among them is the enhanced role of the European Parliament as regards the adoption of EU legislation in this area. This coincides with the Charter of Fundamental Rights of the European Union (EU Charter) achieving binding status.1 A new European Parliament was installed in July 2014, followed by the confirmation of the Commission presided over by Jean-Claude Juncker. Together with the Council, these European institutions now have the obligation to make a convincing…

Since the Lisbon Treaty, the concept “Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments” has acquired a constitutional rank. All the European institutions recognise that, in order for the principle of mutual recognition to become effective, mutual trust needs to be strengthened, and that mutual understanding between the different legal systems in the Member States will be one of the main challenges of the future. The promotion of a European legal culture among judges, prosecutors, and judicial staff is considered to be of paramount importance. Unfortunately, since the 19th…

I. Background United Nations Security Council Resolution 2178 (hereinafter “UNSCR 2178”) was adopted by the Security Council acting under Chapter VII of the Charter of the United Nations on 24 September 2014. It aims at stemming the flow of so-called “foreign terrorist fighters” (i.e., individuals who travel to another State than that of their nationality or residence for the purpose of “the perpetration, planning, or preparation of, or participation in, terrorist acts, or the providing or receiving of terrorist training”1) to Syria and Iraq to join “ISIL, ANF and other cells, affiliates, splinter groups or derivatives of Al-Qaida.”2 Given the…

The trafficking of human organs (THO) has gone from being an urban legend for many countries to becoming a dark reality that can end in a custodial sentence. Understood as an international problem that demands a response from governments, legislative institutions, and international organizations, it mainly emerges in the context of the inability of countries to cope with the transplantation needs of their patients. The shortage of organs, disparities accentuated by the economic crisis, the vast differences between health systems, and the voracity of unscrupulous traffickers have, in recent years, led to an increase in transplant tourism and the development…